The Union Home Minister, Amit Shah, today introduced three bills in the Lok Sabha, which is to replace three existing laws in the country. The proposed bills bring a total of 313 changes in the entire system governing criminal laws, comprising the IPC, CrPC and the Indian Evidence Act. While setting out the agenda, Shah said that from 1860 until 2023, the criminal justice system was running on the laws that the British Parliament made, however, the three proposed bills is the portrayal of the "true Indian spirit".

It is pertinent to note that Sedition finds no place in the proposed bill. However, separatist and secession activities are criminalized, where the offender would be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.

The new bills are:

- Bharatiya Sakshya Adhiniyam, 2023 with 170 Sections to replace Indian Evidence Act, 1872 with 167 Sections;

-Bharatiya Nagarik Suraksha Sanhita, 2023 with 533 Sections to replace Criminal Procedure Code, 1898 with 484 Sections;

-Bharatiya Nyaya Sanhita, 2023 with 356 Sections to replace Indian Penal Code, 1860 with 511 Sections. (Read Bills here)

Shah further said that the laws were drafted with the motive to suit the British in order to secure their interest, with the purpose to grant punishment and not justice, and the bills thus aim to change the norm.

It was further said in his speech that the most important sections were placed towards the end in the earlier Codes, however, the first chapter that is now to be introduced is on Crimes against women and children, and the second chapter will be on culpable homicide and of offences against the human body.

“After a principled decision, instead of the Government, we have tried to bring the citizen to the centre”, he added further.

The bills suggest the following major changes:

Death Penalty For Gang Rape Of Minor

As per the new bill, for gang rape of minor, death penalty is proposed. As per Section 65 of the Bill, whoever commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years and which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. As per Section 70(2), gang rape of a minor will entail imprisonment for the remainder of that person’s natural life or death sentence.

Rape In Communal Or Sectarian Violance

While Section 64(2)(g) segregates rape committed with other objectives, which says, whoever commits rape during communal or sectarian violence, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

Sedition Law Repealed

While introducing the bill in the Lok Sabha, the Union Home Minister also announced that the offence of sedition will be completely repealed.

As per the new bill, Section 150 reads as, “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine. Explanation.––Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section”.

The explanation to the new Section 150 says that comments expressing disapprobation of the measures or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section. It appears that such actions will be excluded from the preview of the provision.

Establishing Physical Relationship With Suppressed Identity

The new bill proposes a separate offence for establishing physical relations with ‘deceitful means’, essentially with a suppressed identity. Section 69 of the bill, reads as, “Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Explanation.- ‘deceitful means’ shall include the false promise of employment or promotion, inducement or marring after suppressing identity”.

Bribing Voters

Section 168(1) now penalises bribing voters separately. It reads, “Whoever— (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery”.

Organised Crimes

The new Bill also identifies and criminalizes organised crimes separately under Section 109(1). Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes having severe consequences, trafficking in people, drugs, illicit goods or services and weapons, human trafficking racket for prostitution or ransom by the effort of groups of individuals acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, corruption or related activities or other unlawful means to obtain direct or indirect, material benefit including a financial benefit, shall constitute organised crime.

CrimesThat Cause Feelings Of Insecurity Among Public

Section 110 (1) recognizes different set of crimes, which were prevalent, however were not recognized with maximum punishment up to seven years. “Any crime that causes general feelings of insecurity among citizens relating to theft of vehicle or theft from vehicle, domestic and business theft, trick theft, cargo crime, theft (attempt to theft, theft of personal property), organised pick pocketing, snatching, theft through shoplifting or card skimming and Automated Teller Machine thefts or procuring money in unlawful manner in public transport system or illegal selling of tickets and selling of public examination question papers and such other common forms of organised crime committed by organised criminal groups or gangs, shall constitute petty organised crimes and shall include the said crimes when committed by mobile organised crime groups or gangs that create network of contacts, anchor points, and logistical support among themselves to carry out number of offences in region over a period before moving on”.

Snatching

Section 302 introduces the word ‘snatching’ under theft, it reads, “Theft is “snatching” if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any moveable property…”.

Union Home Minister Amit ShahLok SabhaAmit Shah

Agatha Shukla